Med Spa Ownership: Who Can Own & Operate A Med Spa In Texas?

In Texas, med spas must adhere to strict regulations regarding ownership and operation, which is generally governed by the Texas Medical Board rules and the Texas Occupations Code. In this article, we outline some of the key aspects regarding who can own and operate a med spa in Texas.

Physician Med Spa Ownership:

Med spas can be owned by a licensed physician or a group of physicians, but this rarely occurs. Many of the services offered at med spas are considered medical procedures, which under Texas law must be performed by or under the supervision of a licensed physician. Most physicians who actually do non-surgical cosmetic procedures, however, do so from within the context of a larger plastic surgery practice.

Non-Physician Med Spa Ownership:

Non-physicians can and do own med spas in Texas.  In fact, most are owned by non-physicians. However, the medical aspects of the business must still be managed by a licensed physician. This means that while a non-physician can be an owner or business manager, they cannot interfere with the medical decision-making process. The medical director, who must be a licensed physician, is responsible for overseeing all medical treatments and ensuring compliance with medical standards.

Addressing Management Services Organizations (MSOs):

Another common structure is the use of Management Services Organizations. MSOs can be owned by non-physicians and handle the administrative and business operations of the med spa, such as marketing, scheduling, and non-medical staff management. However, the medical director (a licensed physician) remains responsible for the medical services provided, and the MSO has no ownership interest in the spa.

Supervision and Delegation:

Even when certain procedures are delegated to other medical professionals or unlicensed persons, such as nurse practitioners, R.N.s, aestheticians, cosmetologists, etc., the medical director must provide proper oversight and compliance with state regulations whatever form of ownership the med spa takes.

In summary, while non-physicians can provide administrative support for a med spa or can be an owner, the medical operations must be under the control and supervision of a licensed physician. This ensures that all medical treatments are performed safely and in accordance with Texas law.

Weitz Morgan is a leading law firm in Texas in providing comprehensive advice and guidance to med spas. With a deep understanding of the unique challenges and complexities faced by this rapidly growing industry, our team of experienced attorneys is dedicated to helping med spas navigate the legal landscape successfully.

We recognize that med spas operate at the intersection of healthcare and beauty, which necessitates a multifaceted approach to representation. Our firm offers a range of services, including a flat-fee med spa formation package, tailored to meet the specific needs of med spas, ensuring compliance, mitigating risks, protecting licenses, and fostering a legally sound business environment.